Gurugram 'tree felling' row: DLF tells HC it has permissions, licence since 1995

Just about a week after the Punjab and Haryana High Court took suo motu notice of alleged felling of 2,000 trees across 40 acres reportedly to make way for a real estate project, the DLF today told a vacation Bench that it had valid permissions and a licence since 1995.

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The Gurugram Municipal Corporation also submitted an affidavit stating, among other things, that the DLF had obtained approval for the project from Haryana Town and Country Planning Department to develop the “new real estate project” after getting clearance from “various government authorities”.

An application for intervention was also filed by Lt Col Sarvadaman Singh Oberoi, stating at the onset that he had “led the protest to a Minister, requesting him to stop the dislocation of the wildlife and that too at night”.

As the matter came up for resumed hearing before the Bench of Justice Suvir Sehgal and Justice Amarjot Bhatti, senior advocates Randep Singh Rai and Chetan Mittal submitted on DLF’s behalf that the land belonged to it prior to 1995 and had licences in its favour since then.

“It's not today. It was licensed 30 years ago. It was licensed for group housing and a plotted colony. So it was purchased before that. Today, you are trying to give it the colour as if we have walked into a forest… But like in Chandigarh and in Gurgaon, every tree even if it is on your own property, you need to get permission to cut it. But we are not forest land. Our residences also are not in forest land. But by virtue of a notification, you are supposed to get the permission. The land is mine. We have got valid permission granted by due process by the State…,” the counsel submitted.

The affidavit filed by Municipal Commissioner Pradeep Dahiya through counsel Deepak Balyan added: “The MCG is a law-abiding statutory body and is fully conscious of its responsibilities towards environmental protection, sustainable urban development, and ecological preservation, especially in the context of the fragile Aravalli ecosystem. The corporation remains committed to protecting green cover within its jurisdiction and has taken multiple initiatives for tree plantation, conservation of green areas, and awareness generation.” The case will now come up for further hearing on July 3.

The matter was placed before the Vacation Bench after Chief Justice Sheel Nagu took note of the news-item “DLF project sparks outcry in Aravallis, activists protest outside minister’s home”. The news report had referred to the claims of the residents and environmental activists that the builder was “destroying the Aravallis” and had launched protests and official petitions seeking an immediate halt to the activity.

Chief Justice Nagu, in his note, had referred to the environmental concerns highlighted in the news item, including issues related to ecological balance and pollution.